Thursday, May 25, 2006

Civil Suits as Deterrent to Corruption?

The APP reports today that the Tinton Falls Planning Board is suing a NY developer and former Planning Board member to recoup damages from alleged illegal activity on the part of the Planning Board member.

Last January, in The County of Essex v. First Union National Bank, the state Supreme Court ruled that "when a public contract is obtained by bribing a public official, the public entity is entitled to the gross profits obtained by the wrongdoer."

Freeholder Director Bill Barham was quoted as saying that the county would "take a look at whatever we have to look at to make sure the taxpayers' money is handled properly." I would hope so Bill.

Most of the Operation Bid Rig money that we know about is peanuts and probably not worth the cost of litigation. But with looser evidentiary rules in civil cases than criminal cases, could an aggressive attorney find more graft in discovery?

In Marlboro, where Mayor Kleinberg says his town is reserving the right to sue, the gross profits of Anthony Spalliero's developments could be real money if there is any left by the time the Feds are done with him.

On the state level, I hear Govenor Corzine is looking for money to fund his "budget cuts." Would the Govenror sue an ex-con that he once wanted to be partners with?

Its anybody's guess where this will all lead, but its a safe bet that there are crooks moving more of their assests off shore and into their kids' names.

I wouldn't mind seeing a high profile big money case in the headlines. It might scare some from crossing the line.

3 comments:

Honest Abe said...

"It might scare some from crossing the line."

Exactly.
The penalty for corruption must be such that potential wrongdoers are very afraid.
In BC (Before Christie) times, we heard of too many prosecutors who would settle simply for a corrupt politician's resignation in lieu of criminal prosecution and not bother to bring it to trial - that is if the cases were even investigated at all in the first place.
In short, the penalty for corruption must be more than just a cost of doing business.

Art Gallagher said...

"In BC (Before Christie) times"...

What so tough about after Christie?

You can confess the "painful truth" that everyone who cared already knew, resign at your leisure and get a $500K book deal and lunch with Oprah. Or, spend a couple of years at a federal country club and get released early to a half way house for successfully overcoming your dysfunctions.

I think multi-million dollar judgements might have a litte more bite.

Downtowner said...

it's a good place to start, but perhaps something like going for their houses or some flat rate in addition. for example, conviction of bribery = $100,000 in punitive damages payable to the municipality, or county or state.

THAT will send a message. but it's spot on to recoup at least the bribe for the tax coffers...also ironic.